The Legitimacy of Agency Adjudication:The Most Complicated Question in Constitutional Law [No. 86]

Is there a Constitutional problem with the existence of administrative, non Article Three judges? Professor Gary Lawson posits that this is an unresolved issue which potentially has no clear resolution. Before the American Constitution was written, the judicial and executive powers were both held by the King. What the judicial “power” consists of was a difficult question for the Founders and continues to be a contentious question for scholars today.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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